National mechanisms for the prevention of torture within the wide mandate institutions

Focus on the independence

Abstract

The prohibition of torture is prescribed in numerous relevant international instruments, starting with the Universal Declaration on Human Rights. Today, the main document is the Convention against torture, which gives the universally accepted definition of torture. States obligation is to criminalize torture on the national levels. Barring in mind the necessity of the prevention of torture, numerous States became State parties of the Optional Protocol on the Convention against Torture and established or designated national mechanisms for the prevention of torture (NPM) - places of detention visiting bodies. The fundamental issue of the NPM is establishing and preserving their independency, which should be guaranteed by the State. Particular problem is independency of wide mandate institution designated as NPM, as well as the autonomy in performing NPM activities within that institution. Full organizational, functional and financial autonomy of special organizational unit or department inside the wide mandate institution should be established, in order to have the efficient, independent NPM. In this article, basic principles for the achievement of independency of the NPM within the wide mandate institution are elaborated in detail.